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1 STEPHANIE J. FINELLI, SBN 173462
Law Office of Stephanie J. Finelli
2 1007-7th Street, Suite 500
Sacramento, CA 95814
3 tel 916-443-2144
fax 916-443-1511
4
Attomey for Plaintiffs,
5
FLORENTINE and RODNEY ABBOTT
6
7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR THE COUNTY OF SACRAMENTO
9
10 FLORENTINE AND RODNEY ABBOTT, Case No • 07AS04450
11 Plaintiffs, PLAINTIFFS' REPLY TO DEFENDANTS'
OPPOSITION TO MOTION IN LIMINE 1 TO
12 vs. EXCLUDE EXPERT TESTIMONY;
DECLARATION OF STEPHANIE J. FINELLI
13 RONALD BRITSCHGI, et. al..
Hearing on Motion: January 7, 2011
14 Defendants Time: 10:00 a.m.
Dept: 43
15 Trial Date- January 18, 2011
Judge: Brian Van Camp
16
17 MEMORANDUM OF POINTS & AUTHORITIES IN REPLY
18 In their opposition, CA Construction claims that plaintiffs' recitation of the facts are
19 "completely false at times, generally misleading and do not represent the entire history related to
20 expert discovery in this case." (Opposition at p. 1.24-26.) But other than the statement that CA
21 Construction's expert, Dave Heryet, inspected the Abbott property in March 2008 (of which
22 current counsel was unaware, and plaintiffs actually dispute), CA does not point to any
23 "completely false" or "generally misleading" facts set forth by plaintiffs.
24 CA Construction faults plaintiffs for not having joined in Cadre's deposition notice and
25 for not specifically stating "I so stipulate" to keeping expert discovery open. In other words, CA
26 Construction faults plaintiffs' attomey for not having the foresight to expect defendants tc
27 completely sandbag her with respect to these depositions.
28
Reply to Opposition to Motion in Limine - 1
But additional email correspondence demonstrates that the April 15, 2009 inspection date
was selected on April 4, 2009, and that as of March 26, plaintiffs were not objecting to the
inspection ofthe home. (See Exh 1 attached hereto at pp. 1, 3, 4.)
Moreover, as of April 17, 2009—^the Friday before Mr. Sopp's sudden withdrawal ofhis
deposition notices—the parties acknowledged they were running out of time to complete expert
depositions and were discussing a stipulation to extend the deadline to complete them On thai
date, CA Construction's attomey sent an email further stating, "we need to discuss a deposition
schedule beginning with Plaintiffs' 4 experts, and then followed by each party's respective
9 experts." (Exh 2 hereto.) And Mr. Sopp's Saturday email withdrawing his notices ol
10 depositions of defendants' experts (which plaintiffs' counsel did not receive until Monday, April
11 20, 2009) stated that he would stipulate to keeping discovery open past the April 27 deadline and
12 gave his availability on April 28-30. (Exh 3 at p. 1.) Both CA Constmctions' attomey and
13 plaintiffs' attomey set forth their availability for deposition during that time—thus confirming
14 their agreement and willingness to extend the deadline. (Exh 3 at p. 1 )
15 Had Mr. Sopp sent his Saturday email a day earlier, plaintiffs could have served
16 deposition notices on defendants' experts. Nevertheless, as of April 20, 2009, Mr. Federico and
17 Mr. Sopp—^the only other attomeys left in this case—were agreeing to keep the deadline open.
18 And plaintiff served the expert deposition notices by fax on April 21, 2009. The next day, she
19 emailed counsel and asked if the April 28, 2009 depositions of Heryet, Poulton and Aplass
20 worked for everyone. (See Exh 4 hereto.) Later that same aftemoon she again inquired as to
21 whether defendants' experts were available. (Exh 8 at p. 1.) The next day, April 23, 2009, she
22 still had not heard a response and again inquired if defendants would make their experts
23 available on the date noticed. (Exh 6 at p. 1.) In response, CA Constmction's attomey merely
24 stated he was "evaluating an objection" to the notice. (Exh 6 at p. 1.)
25 Additionally, in their initial disclosure, CA Construction disclosed only David Heryet as
26 a retained expert On April 10, 2009, CA Construction served a supplemental disclosure, naming
27 Jason Newlin as a retained expert. In their opposition, CA Constmction states that their experts
28 inspected the property on March 3, 2008, April 15, 2009, and May 18, 2009. (Opposition at pp.
Reply to Opposition to Motion in Limine - 2
1 7:27-8-1 ) But only its supplemental expert, Jason Newlin, inspected the property on April 15
2 2009. (See Exh 5 at p. 1.)
3 Plaintiffs bent over backwards to allow defendants to depose plaintiffs' experts—which
4 defendants insisted occur before any of their experts were deposed. Plaintiffs expected thai
5 defendants would provide the same accommodations, especially given the April 17, 2009
6 statement from Mr Federico that "we need to discuss a deposition schedule beginning with
7 Plaintiffs' 4 experts, and then followed by each party's respective experts." (Exh 2 hereto.) As
8 of April 23, 2009, CA Constmction had not stated whether they would make their experts
9 available, and were still "evaluating an objection to your notice of deposition" to the experts
10 (See Exh 6 at p. 1.) This was after three separate inquiring emails from plaintiffs (Exh 4; Exh 6
11 at p. 1; Exh 8 at p. 1.) And defendant Britschgi stated that his experts had not completed any
12 reports. (Exh 7.) But prior to CA Construction's objection, the tenor ofthe communication was
13 that all ofthe experts would be deposed; the issue was finding available dates and times, and that
14 discovery would remain open in order that the depositions could be completed. (See Exh 2 at p.
15 1; Exh 3; Exh 8 at pp. 4-5.) As of April 17, 2009, Mr. Federico told everyone, including
16 plaintiffs' counsel, "I have received available dates for my experts for the last week in April and
17 the first and second weeks in May." (Exh 2 at p. 1.) In response, that evening, plaintiffs
18 counsel stated, "I am making time to fit in all the depos." (Exh 2 at p. 1.) Following that
19 exchange, plaintiffs agreed to allow their experts to be deposed after April 27, 2009—and even
20 agreed to produce plaintiff Rodney Abbott for the continuation of his deposition on April 29,
21 2009 (Exh 7, Exh 8 at pp. 1 ) CA Construction's statement that it "proceeded under the
22 assumption that [plaintiffs] were not willing to stipulate to extend any of the timelines to
23 complete expert discovery" (Opposition at p. 6:23-25) is disingenuous at best.
24 As of May 5, 2009, CA Constmction's experts, Dave Heryet and Jason Newlin, were
25 subpoenaed to appear at trial and produce documents, including their reports, correspondence
26 with counsel who retained them, and working papers. CA Construction objected to their experts
27 producing these documents pursuant to the subpoena; stated the experts would reports and
28
Reply to Opposition to Motion in Limine - 3
1 documents on which they relied when they testify at trial. CA Construction has admitted that
2 their experts have created drawings, calculations, and correspondence. (Opposition at p. 12-14.)
3 Plaintiffs have done their best to provide defendants with discovery in this case. They
4 provided defendants with an April 18, 2009 report by Bryan Hill as soon as they received it in
5 May 2009. They informed defendants that they were excavating portions of the property, and
6 made it available for defendants' inspection, which, according to Mr. Federico, they took
7 advantage of by inspecting on May 18, 2009 (Exh 9 ) It must also be noted that defendants
8 have re-deposed both plaintiffs on the new claims in the First Amended Complaint, and on
9 December 21, 2010, defendants deposed Bryan Hill, the engineer who provided the April 18,
10 2009 report.
11 CA Construction has moved to exclude certain of plaintiffs' experts and their opinions on
12 spurious grounds. And yet defendants have refused to make their own experts available for
13 deposition, have refused to allow their experts to produce documents that plaintiffs have
14 subpoenaed, and yet will seek to admit these experts' opinions, including those opinions then
15 experts formed after April 27, 2009. Defendants should not be permitted to play such games
16 with the discovery process and then be permitted to put on whatever testimony they want at trial.
17 Notably, defendants have not moved to exclude the testimony of Bryan Hill, an engineei
18 who inspected the Abbott property as part ofthe Abbotts' insurance claim, and not as retained in
19 this case. Mr. Hill is not a retained expert; he is a percipient expert, and his identity as a
20 percipient expert was not even known when plaintiffs disclosed experts pursuant to the
21 disclosure demand. Nevertheless, defendants have known of Mr. Hill's existence and have had a
22 copy of his report since May 2009, and deposed him on December 22, 2010, paying him an
23 expert witness fee for his opinions. There is no basis for excluding Mr. Hill's percipient
24 testimony
25
26
27
Dated: Decemberr 9L/2010
;^
Stephanie J.
28 Attomey for Plaintiffs
Reply to Opposition to Motion in Limine - 4
1
DECLARATION OF STEPHANIE J. FINELLI
2
I, Stephanie J. Finelli, hereby declare under penalty ofperjury, and if called as a witness
3
would and competently testify as follows.
4
1. I am an attomey, duly licensed to practice in the State of Cahfomia I represent
5
plaintiffs herein
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2 Attached hereto as Exhibits 1 through 9 are tme and correct copies of email
7
correspondence between me and the other attomeys involved in this case
8
I declare under penalty ofperjury under the laws ofthe State ofCalifomia the foregoing
9
is true and correct.
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Dated- December j Q , 2010
12
^hanie J. Finelli
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Reply to Opposition to Motion in Limine - 5
Pnnt http //us mg201 mail yahoo com/dc/launch''action=welcome&YY=397
From: Craig Lundgren (CLundgren@lr-law.net)
To: rds@mwsblaw.com; gfederico@archemorris.com;
Date: Sat, April 4, 2009 4:52:23 PM
Cc: sfmelli700@yahoo.com;
Subject: RE: inspection of Abbott Home
April 15 IS the inspection date We will need to confer on the times, although I know that our home mspection by
the appraiser will have to occur after 11 00
Craig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
(530) 297-5030
(530) 297-5077
From: Richard Sopp [mailto:rds@mwsblaw.com]
Sent: Saturday, April 04, 2009 4:41 PM
To: Craig Lundgren; Fedenco, Gregory K.
Cc: sfinelli700@yahoo.com
Subject: Re: inspection of Abbott Home
All
I am not available for depositions on April 16, 17, 20 through 23 as I will be in tnal 1 will be available on Apnl 23,
24 and anytime the following week
'"T^so, when is the property inspection
Richard D Sopp
Original Message
From: Craiq Lundgren
To: Federico, Gregory K
Cc: sfinelli700@vahoo com , rdsdS.mwsblaw com
Sent: Saturday, April 04, 2009 1 15 PM
Subject: RE inspection of Abbott Home
The depos are at 9 00 (Luis Moreno) and 1 00 (Dennis Youngdahl)
Thomas Young is out of town and cannot attend the deposition on Monday
Unfortunately, I think it is a little iate to move the depo to 10 00 What time do you think you can arrive?
Craig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
(530) 297-5030
(530) 297-5077
B)cV\ I
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From: Federico, Gregory K. [mailto:gfederico@archernorns.com]
Sent: Saturday, Apnl 04, 2009 1:09 PM
To: Craig Lundgren
Cc: sfinelli700@yahoo.com; rds@mwsblaw.com
Subject: RE: inspection of Abbott Home
Craig,
What IS the schedule for the depositions on Monday now that the depo of Thomas Young has been continued'?
Is there any way we can start the 9 am at 10 am instead I have childcare issues and 1 am not sure if I can get
there by 9 Thanks, and sorry about the late notice
Greg
From: Craig Lundgren [mailto:CLundgren@lr-law.net]
Sent: Fnday, Apnl 03, 2009 3:58 PM
To: Fedenco, Gregory K.
Subject: RE: inspection of Abbott Home
Good point Yes we can and have done so I thought my secretary informed the others I will send a separate
e-mail on this
Craig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
(530) 297-5030
(530) 297-5077
From: Federico, Gregory K. [mailto:gfedenco@archernorns.com]
Sent: Friday, Apnl 03, 2009 3:54 PM
To: Craig Lundgren
Subject: Re: inspection of Abbott Home
So we have a 9 and a 4*? Can we move the 4 up'?
From: Craig Lundgren
To: Fedenco, Gregory K.
Sent: Fn Apr 03 15:49:38 2009
Subject: RE: inspection of Abbott Home
Thomas Young is out of town and will not appear for the deposition He is the engineer who stamped the
Civ-Tek drawings
Craig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
(530) 297-5030
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(530) 297-5077
From: Federico, Gregory K. [mailto:gfedenco@archernorns.com]
Sent: Fnday, Apnl 03, 2009 3:37 PM
To: Craig Lundgren
Subject: Re: inspection of Abbott Home
Craig,
Who IS thomas young'? What is he going to be talking abouf?
Thanks,
Greg
From: Craig Lundgren
To: Craig Lundgren ; Richard Sopp ; Fedenco, Gregory K.
Cc: sfinelli700@yahoo.com ; Shaula Patchett
Sent: Wed Apr 0117:20:26 2009
Subject: RE: inspection of Abbott Home
/ At this time, It looks like April 15th is the only time that we can aii agree on, and that my experts are aii
I available I would ask that everyone confirm that the inspection of the Abbott home will go forward on the 15th of
I Apnl
H'^raig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
(530) 297-5030
(530) 297-5077
From: Craig Lundgren
Sent: Friday, March 27, 2009 2:55 PM
To: Richard Sopp; Federico, Gregory K.
Cc: sfinelli700@yahoo.com; Shaula Patchett
Subject: RE: inspection of Abbott Home
Dear Counsel,
1 just realized that I absolutely cannot inspect the property on the 14th I have a pre-existing binding arbitration
on that date Are there any other days that we can schedule'? Can Richard send an associate on the 17th for
example'?
Craig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
(530) 297-5030
(530) 297-5077
3 of 5 12/28/2010 11 27 AM
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From: Richard Sopp [mailto:rds@mwsblaw.com]
Sent: Fnday, March 27, 2009 11:22 AM
To: Fedenco, Gregory K.; Craig Lundgren
Cc: sfinelli700@yahoo.com; Shaula Patchett
Subject: Re: inspection of Abbott Home
Counsel
I am not available on the 17th but 1 can do it on the 14th
Richard D Sopp
— Original Message —
From: Federico, Gregory K
To: Craiq Lundgren , Richard Sopp
Cc: sfinelli700@vahoo com , Shaula Patchett
Sent: Friday, March 27, 2009 8 45 AM
Subject: RE inspection of Abbott Home
Counsel,
As far as my schedule, 1 am available on April 14 and 17 I will be speaking with my expert this morning and
will determine his availability then
Thanks,
Greg
From: Craig Lundgren [mailto:CLundgren@lr-law.net]
Sent: Thursday, March 26, 2009 5:21 PM
To: Richard Sopp; Fedenco, Gregory K.
Cc: sfinelli700@yahoo.com; Shaula Patchett
Subject: inspection of Abbott Home
Ms Finelli has indicated that she will not object to the inspection of the Abbott home However, she is still not
available on April 8 and she has asked that we schedule the inspection at a time she is available, either April
14, 15, 16 (morning) and 17 These dates are subject to her clients agreement as well
1 am checking with our experts right now as to their availability 1 have informed Ms Finelli that we will need to
have our appraiser inspect the interior of the Abbott home and that I don't know the scope of the civil
engineer's inspection, but that it may include a survey
If any of you intend to inspect the Abbott home, we will need to coordinate the date as soon as possible
Craig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
(530) 297-5030
(530) 297-5077
12/28/2010 11 27 AM
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From: Stephanie Finelli (sfinelli700@yahoo.com)
To: ^ederico@archornorrio.oomf—::=>
Dat^Fri, April 17, 2009 9:40:16 PM
Cc:^^ •
Subject: RE: schedule for depositions.
•>
Sorry I was not in the loop sooner; I was not in my office during the afternoon, and am mow checkmg
my emails. I will be in the office most ofthe day on Monday. I am making time to fit in all ofthe depos.
Stephanie J. Finelli
Attomey at Law
1007 Seventh Street, Suite 500
Sacramento, CA 95814
(916)443-2144
THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS
INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED
THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY
ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS TRANSMISSION IS STRICTLY
PROHIBITED.
— On Fri, 4/17/09, Federico, Gregory K. wrote:
From- Federico, Gregory K.
Subject: RE: schedule for depositions.
To. "Craig Lundgren" , sfmelli700@yahoo.com
Cc-"Richard Sqpp^
Da/e: Friday, April 17, 2009, 2:54 PM
Dear Counsel,
1 am open to having a brief conference call this afternoon if Richard and Stephanie are available 1 have_
received available dates for my experts for the last week in April and the first and second weeks of May
One issue that we will face is that we are running out ot time to complete expert depositions I bylievy 11 l e -
deadline to complete these depositions is April 27th Thus, we need to talk about a stipulation to extend
the deadline "^ ' ' '
Second, I had noticed the depositions of Ms Abbott's experts to take place on April 16 and 20 Due to
Richard's trial conflict and conflicts with Stephanie, 1 took those depositions off calendar with the belief
that we would reschedule when all counsel were available Thus, we need to discuss a deposition
schedule beginning with Plaintiffs' 4 experts, and then foliowed by each party's respective experts
Craig has indicated that he is available this afternoon for a cali I am in the office until about 5 Richard
and Stephanie, please let us know if you are free to discuss these matters
Regards,
Greg Federico
Archer Norris
ad/iZ
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From: Stephanie Finelli (sfmelli700@yahoo.com)
To: rds@mwsblaw.com; CLundgren@lr-law.net; gfederico@archemorris.com;
Date: Mon, April 20, 2009 12:41.37 PM
Cc:
Subject: RE: schedule for depositions.
c—
I may be available on the afternoon of 4/29, after 2:30, for one or two quick depos.
Stephanie J. Finelli
Attomey at Law
1007 Seventh Street, Suite 500
Sacramento, CA 95814
(916)443-2144
THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS
INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED
THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY
ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS TRANSMISSION IS STRICTLY
PROHIBITED
— On Mon, 4/20/09, Federico, Gregory K. wrote:
From: Federico, Gregory K.
Subject: RE: schedule for depositions.
To: "Richard Sopp" , "Craig Lundgren" ,
sfmelli700@yahoo.com
Date: Monday, April 20, 2009, 10:26 AM
Dear Counsel,
t jiso available on all days referenced in Richard's email, with the exception of the 30th Please let me
what days are selected for Plaintiffs' experts
oicy Federico
From: Richard sopp
•am\^ch?\m Sopp |mai
rmailto:rris(a)mw!iS^dV^or
'.com]
Seii^^r'gaturday, April 18, 2009 12:01 P M _ ^
To>: Fedenco, Gregory K.; Crafg-tllTiagf5Rrsfinelli700@yahoo.com
Subject: Re: schedule for depositions.
Dear Counsel
1 am withdrawing my notices of deposition for Mr Poulton, Mr Aplass and Mr Newlin, all of which were
scheduled for April 27
I am available for the depositions of plaintiffs experts and Mr Abbott on the following days the morning
of April 23, all day April 24 and 27 1 would also stipulate to keeping expert discovery open for the week
of Apnl 27-May 1 I am available all day on the 28 and 30 and the morning of the 29th Please let me
know what days are selected
ScV» 12/28/2010 11 22 AM
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Richard D Sopp
— Original Message
From: Fedenco, Gregory K
To: Craig Lundgren , sfinelli700@vahoo com
Cc: Richard Sopp
Sent: Friday, Apnl 17, 2009 2 54 PM
Subject: RE schedule for depositions
Dear Counsel,
I am open to having a brief conference call this afternoon if Richard and Stephanie are available I have
received available dates for my experts for the last week in Apnl and the first and second weeks of
May One issue that we will face is that we are running out of time to complete expert depositions I
believe the deadline to complete these depositions is Apnl 27th Thus, we need to talk about a
stipulation to extend the deadline
Second, 1 had noticed the depositions of Ms Abbott's experts to take place on April 16 and 20 Due to
Richard's tnal confiict and conflicts with Stephanie, 1 took those depositions off calendar with the belief
that we would reschedule when all counsel were available Thus, we need to discuss a deposition
schedule beginning with Plaintiffs' 4 experts, and then followed by each party's respective experts
Craig has indicated that he is available this afternoon for a call I am in the office until about 5 Richard
and Stephanie, please let us know if you are free to discuss these matters
Regards,
Greg Federico
Archer Norris
From: Craig Lundgren [mailto:CLundgren@lr-law.net]
Sent: Fnday, Apnl 17, 2009 10:50 AM
To: sfinelli700@yahoo.com
Cc: Richard Sopp; Fedenco, Gregory K,
Subject: schedule for depositions.
We need to schedule depositions as soon as possible Shall we do it via a conference call today'? As 1
understand it, Richard is in trial the first three days of next week He has agreed to allow us to proceed
with Rodney Abbott in his absence We should finalize the document issues at that time
Next we need to depose the plaintiff experts Please advise as to your experts availability
Craig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
(530) 297-5030
(530) 297-5077
The i n f o r m a t i o n and any a t t a c h m e n t s c o n t a i n e d m t h i s e m a i l
m e s s a g e may be p r i v i l e g e d , c o n f i d e n t i a l , and p r o t e c t e d from
d i s c l o s u r e . I f you a r e n o t t h e i n t e n d e d r e c i p i e n t , any
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The information and any attachments contained in this email
message may be privileged, confidential, and protected from
disclosure. If you are not the intended recipient, any
dissemination or copying is strictly prohibited. If you
think that you may have received this email message in
error, please notify the sender at the email address above.
If
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From: Stephanie Finelli (sfinelli700@yahoo.com)
To: gfederico@archernorris.com; rds@mwsblaw.com; CLundgren@lr-law.net;
Date: Wed, April 22, 2009 11:31:56 AM
Cc:
Subject: RE: Abbott v. Britschgi Construction; Proposed Expert Deposition Schedule
I am checking with the respective deponents to make sure they will be available. I will contact you as
soon as I hear.
I sent notices ofthe depositions of Heryet, Poulton, and Aplass for 4/28 at 10:00, 1:00, and 3:00
respectively. Will this work for everyone'^
Stephanie J. Finelli
Attomey at Law
1007 Seventh Street, Suite 500
Sacramento, CA 95814
(916)443-2144
THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS
INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED
THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY
ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF TfflS TRANSMISSION IS STRICTLY
PROHIBITED.
~ On Wed, 4/22/09, Craig Lundgren wrote:
From- Craig Lundgren
Subject. RE: Abbott v. Britschgi Constmction; Proposed Expert Deposition Schedule
To- "Federico, Gregory K." , sfmelli700@yahoo.com, "Richard
Sopp"
Date- Wednesday, April 22, 2009,11:06 AM
Stephanie,
I agree to Mr Fedenco's schedule and would like to schedule Mr Abbott for tomorrow afternoon Let me
know if this works as soon as possible, so that I can confirm it with Paulson's Assuming this is OK with
you, please be sure that he bnngs the project files again, along with any documents showing the cost of
the project, along with pictures, which were not brought to the last deposition
As I recall, we were going to stipulate that my bates numbered documents, with a few specific additions
were a complete set of the project files This would simplify things As an incentive to you Stephanie, I
will give you a complete set of the bates numbered documents without charging you for the copies if you
will enter into this stipulation Otherwise we will have to attach them to the deposition and it will be quite
expensive for everyone
Craig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
of 6
(530) 297-5030
(530) 297-5077
avH 12/28/2010 11 20 AM
Print http'//us mg201 mail yahoo com/dc/launch'?action=welcome&YY=397
From: Stephanie Finelli (sfinelli700(§yahoo com)
To: CLundgren@lr-law.net,
Date: Wed, April 22, 2009 3.06:11 PM
Cc:
Subject: Re- FW Abbott v Britschgi Construction; Proposed Expert Deposition Schedule
Your email is blank
Stephanie J Finelli
Attorney at Law
1007 Seventh Street, Suite 500
Sacramento, CA 95814
(916)443-2144
THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS INTENDED TO BE
VIEWED ONLY BY THE INTENDED RECIPIENT IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR,
PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY ANY DISSEMINATION, DISTRIBUTION,
OR COPYING OF THIS TRANSMISSION IS STRICTLY PROHIBITED.
- On Wed, 4/22/09, Craig Lundgren wrote
From Craig Lundgren
Subject FW: Abbott v. Britschgi Construction, Proposed Expert Deposition Schedule
To- sfinelli700@yahoo com
Date Wednesday, April 22, 2009, 2 12 PM
Craig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
(530) 297-5030
(530) 297-5077
From: Fedenco, Gregory K. [mailto:gfedenco@archernorns.com]
Sent: Wednesday, Apnl 22, 2009 2:10 PM
To: sfinelli700@yahoo.com; Craig Lundgren; Richard Sopp
Subject: RE: Abbott v. Bntschgi Construction; Proposed Expert Deposition Schedule
Dear Counsel
I just mailed out amended deposition notices for Weahunt and Lee with the new date - Apnl 24, 2009 They are
identical to the previous ones I issued back on IVI arch 27, 2009 in terms of the documents I am requesting that
the experts bring I just wanted to give you a heads up in the event the mail is slow
One of my experts, Jason Newlin, attended the inspection
Regards,
Greg Fedenco
Archer Norris
From: Stephanie Finelli [mailto:sfinelli700@yahoo.com]
•&v^
of7 12/28/2010 11 15 AM
Print http//us mg201 mail yahoo com/dc/launch''achon=welcome&YY=397
Sent: Wednesday, Apnl 22, 2009 12-41 PM
To: Fedenco, Gregory K.; Craig Lundgren; Richard Sopp
Subject: Re: Abbott v. Bntschgi Construction; Proposed Expert Deposition Schedule
It appears that Weahunt and Lee will be available on Friday
What experts were at the site inspection on 4/15"?
Stephanie J. Finelli
Attorney at Law
1007 Seventh Street, Suite 500
Sacramento, CA 95814
(916)443-2144
THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS
INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT. IF YOU HAVE
RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER
IMMEDIATELY. ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
TRANSMISSION IS STRICTLY PROHIBITED
— On Wed, 4/22/09, Richard Sopp wrote
From Richard Sopp
Subject. Re. Abbott v. Bntschgi Construction, Proposed Expert Deposition Schedule
To "Federico, Gregory K " , sfinelli700(§yahoo.com, "Craig
Lundgren"
Date Wednesday, April 22, 2009, 11 17 AM
That works for me
Richard D Sopp
— Original Message
From: Fedenco, Gregory K
To: sfinelli700(a)vahQa Iraiq Lundgren
Sent: W e d n e s d ^ April 22, 2009 10 57 AM
Subject: Abbott v britscngi uonstruction, Proposed Expert Deposition Schedule
Dear Counsel
I apologize for not getting back to all of you any sooner My daughter was sick yesterday and I was
at home with her However, I have reviewed everyone's availability, and I propose the following
deposition schedule for Plaintiffs' experts
Friday. April 24. 2009:
9 00 a m - Deposition of Robert Weahunt
1 30 p m - Deposition of James Lee, Jr
*** These depositions will take place in my office per my notice
Monday, April 27. 2009:
9 00 a m - Deposition of Jim Dillingham
1 30 p m - Deposition of Linda Molinari
2 of 7 12/28/2010 11 17 A M
Prmt http //us mg201 mail yahoo com/dc/launch'?action=welcome&YY=397
From: Federico, Gregory K. (gfederico@archemorris.com)
To: <;finp|H70n@Y'^h00 ^"m: SPatchett@lr-law.net: rds@mwsblaw.com;
Dat^^^u^April 23, 2009 11:46:34 AlvT^
Cc: CLundgren@lr-law.ner;
Subject: RE- Abbott v. Britschgi - Depos
Stephanie,
The deposition schedule referenced below sounds good I will send over a confirming letter At this time, I would
still like to hear what Ms Molinan has to say via deposition However, Craig will have the ultimate call on that one
I because he noticed it
You noticed the expert depositions on April 28, 2009 and NOT April 29, 2009 as indicated in your email below /
Nevertheless, i too am evaluating an objection to your notice of deposition of Dave Heryet The objection will be I
forthcoming I
Thanks,
Greg Federico
Archer Norris
From: Stephanie Finelli [mailto:sfinelli700@yahoo.com]
Sent: Thursday, Apnl 23, 2009 10:14 AM
To: Shaula Patchett; rds@mwsblaw.com; Fedenco, Gregory K.
Cc: Craig Lundgren
Subject: RE: Abbott v. Britschgi - Depos
Re the depos:
Linda Molmari is not available on 4/27. She has not yet fmished her report and will not have fmished it
by Monday. She could likely be done by 4/30. I will know more this aftemoon. Also, I will make the
appraisal available once it is concluded ifyou would prefer that to taking her depo.
As I understand, the depos are as follows.
Weahunt and Lee will be tomorrow, 4/24 at 9.00 and 1.30 respectively.
Dillingham is at 10:00 on Monday 4/27.
I Rod Abbott is at 2 00 on Wednesday, 4/29
I still have not heard back from anyone re whether they will make their experts available on 4/29 as I
had noticed. Such would be appreciated. If I need to make a motion to compel, I would like to know
soon.
At any rate, please provide me with all expert reports, as required by the request for expert disclosure.
Stephanie J Fmelli
Attomey at Law
1007 Seventh Street, Suite 500
Sacramento, CA 95814
1 of 3 12/28/2010 10 56 AM
Print http //us mg201 mail yahoo com/dc/launch''action=welcome&YY=397
(916)443-2144
THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS
INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT IF YOU HAVE RECEIVED
THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY
ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF TfflS TRANSMISSION IS STRICTLY
PROHIBITED.
- On Wed, 4/22/09, Federico, Gregory K. wrote:
From- Federico, Gregory K.
Subject: RE: Abbott v. Britschgi - Depos
To. "Shaula Patchett" , rds@mwsblaw.com, sfmelli700@yahoo.com
Cc- "Craig Lundgren"
Date- Wednesday, April 22, 2009, 2:40 PM
Dear Counsel,
Our address and phone numbers are as follows
ARCHERNORRIS
655 University Ave , Ste 225 | Sacramento, CA 95825
direct 916.646.2489 | main 916.646.2480 | fax 916.646 5696
Thanks,
Greg
From: Shaula Patchett [mailto:SPatchett@lr-law.net]
Sent: Wednesday, Apnl 22, 2009 2:23 PM
To: Fedenco, Gregory K.; rds@mwsblaw.com; sfinelli700@yahoo.com
Cc: Craig Lundgren
Subject: Abbott v. Britschgi - Depos
Counsel
The deposition of Rodney Abbott will be held on April 23, 2009, at 1 30 p m at Archer Norris, not
Paulson's, pending confirmation from Ms Finelli
Shaula Patchett
Assistant to Craig N Lundgren
LUNDGREN & REYNOLDS, LLP
424 2nd Street, Suite A
Davis, CA 95616
(530) 792-8800
(530) 297-5077 F/\X
2 of 3 12/28/2010 10 56 AM
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The information and any attachments contained in this email
message may be privileged, confidential, and protected from
disclosure. If you are not the intended recipient, any
dissemination or copying is strictly prohibited. If you
think that you may have received this email message m
error, please notify the sender at the email address above.
If you have received this email in error, you are instructed
to delete all copies and discard any printouts without
reading the information contained withm.
The information and any attachments contained in this email
message may be privileged, confidential, and protected from
disclosure. If you are not the intended recipient, any
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3 of 3 12/28/2010 10 56 A M
Print http //us mg201 mail yahoo com/dc/launch''action=welcome&YY=397
From: Craig Lundgren (CLundgren@h--law.net)
To: sfmelli700@yahoo.com; SPatchett@lr-law.net; rds@mwsblaw.c6m; gfederico@archernorris.com,
Date: Thu, April 23, 2009 11:41:06 AM
Cc:
Subject: RE. Abbott v. Britschgi - Depos
These dates and times are all acceptable
not have any reports from experts None are complete at this time Biii Poulton never wrote one The civil
neer is working on a survey but that is not complete
I note that I have not received any reports from any of your experts
Craig N Lundgren
Lundgren & Reynolds, LLP
424 2nd Street, Suite A
Davis, Ca 95616
(530) 297-5030
(530) 297-5077
From: Stephanie Finelli [mailto:sfinelli700@yahoo.com]
Sent: Thursday, Apnl 23, 2009 10:14 AM
To: Shaula Patchett; rds@mwsblaw.com; Federico, Gregory K.
Cc: Craig Lundgren
Subject: RE: Abbott v. Britschgi - Depos
Re the depos: '
Linda Molinari is not available on 4/27. She has not yet fmished her report and will not have fmished it
by Monday. She could likely be done by 4/30. I will know more this aftemoon. Also, I will make the
appraisal available once it is concluded ifyou would prefer that to taking her depo.
As I understand, the depos are as follows:
Weahunt and Lee wdll be tomorrow, 4/24 at 9:00 and 1:30 respectively.
Dillingham is at 10-00 on Monday 4/27.
Rod Abbott is at 2-00 on Wednesday, 4/29.
I still have not heard back from anyone re whether they will make their experts available on 4/29 as I
had noticed. Such would be appreciated. If I need to make a motion to compel, I would like to know
soon.
At any rate, please provide me with all expert reports, as required by the request for expert disclosure
Stephanie J. Finelli
Attorney at Law
1007 Seventh Street, Suite 500 6k
1 of 3 12/28/2010 10 56 AM
Print http //us mg201.mail yahoo com/dc/launch''action=welcome&YY=397
From: Stephanie Finelli (sfinelli700@yahoo.com)
To: rds@mwsblaw.com; CLvmdgren@lr-law.net; gfederico@archemorris.com;
Date: Wed, April 22, 2009 3:34.24 PM
Cc:
Subject: Re: Abbott v. Britschgi Construction, Proposed Expert Deposition Schedule
Weahunt and Lee are OK. Dillingham can't get here until 10:00. I am still checking with Molmari.
Rod Abbott is not available tomorrow; that notice is too short. He is available next week. Afternoon is
best, the later the better.
No one has gotten back to me on whether Poulton, Aplass, and Heryet are available on 4/28, as noticed.
Please advise.
Stephanie J Fmelh
4
Attorney at Law
1007 Seventh Street, Suite 500
Sacramento, CA 95814
(916)443-2144
THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS
INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED
THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY.
ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF TfflS TRANSMISSION IS STRICTLY
PROHIBITED.
- On Wed, 4/22/09, Federico, Gregory K. wrote:
From: Federico, Gregory K.
Preview
1 STEPHANIE J. FINELLI, SBN 173462 Law Office of Stephanie J. Finelli 2 1007-7th Street, Suite 500 Sacramento, CA 95814 3 tel 916-443-2144 fax 916-443-1511 4 Attomey for Plaintiffs, 5 FLORENTINE and RODNEY ABBOTT 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SACRAMENTO 9 10 FLORENTINE AND RODNEY ABBOTT, Case No • 07AS04450 11 Plaintiffs, PLAINTIFFS' REPLY TO DEFENDANTS' OPPOSITION TO MOTION IN LIMINE 1 TO 12 vs. EXCLUDE EXPERT TESTIMONY; DECLARATION OF STEPHANIE J. FINELLI 13 RONALD BRITSCHGI, et. al.. Hearing on Motion: January 7, 2011 14 Defendants Time: 10:00 a.m. Dept: 43 15 Trial Date- January 18, 2011 Judge: Brian Van Camp 16 17 MEMORANDUM OF POINTS & AUTHORITIES IN REPLY 18 In their opposition, CA Construction claims that plaintiffs' recitation of the facts are 19 "completely false at times, generally misleading and do not represent the entire history related to 20 expert discovery in this case." (Opposition at p. 1.24-26.) But other than the statement that CA 21 Construction's expert, Dave Heryet, inspected the Abbott property in March 2008 (of which 22 current counsel was unaware, and plaintiffs actually dispute), CA does not point to any 23 "completely false" or "generally misleading" facts set forth by plaintiffs. 24 CA Construction faults plaintiffs for not having joined in Cadre's deposition notice and 25 for not specifically stating "I so stipulate" to keeping expert discovery open. In other words, CA 26 Construction faults plaintiffs' attomey for not having the foresight to expect defendants tc 27 completely sandbag her with respect to these depositions. 28 Reply to Opposition to Motion in Limine - 1 But additional email correspondence demonstrates that the April 15, 2009 inspection date was selected on April 4, 2009, and that as of March 26, plaintiffs were not objecting to the inspection ofthe home. (See Exh 1 attached hereto at pp. 1, 3, 4.) Moreover, as of April 17, 2009—^the Friday before Mr. Sopp's sudden withdrawal ofhis deposition notices—the parties acknowledged they were running out of time to complete expert depositions and were discussing a stipulation to extend the deadline to complete them On thai date, CA Construction's attomey sent an email further stating, "we need to discuss a deposition schedule beginning with Plaintiffs' 4 experts, and then followed by each party's respective 9 experts." (Exh 2 hereto.) And Mr. Sopp's Saturday email withdrawing his notices ol 10 depositions of defendants' experts (which plaintiffs' counsel did not receive until Monday, April 11 20, 2009) stated that he would stipulate to keeping discovery open past the April 27 deadline and 12 gave his availability on April 28-30. (Exh 3 at p. 1.) Both CA Constmctions' attomey and 13 plaintiffs' attomey set forth their availability for deposition during that time—thus confirming 14 their agreement and willingness to extend the deadline. (Exh 3 at p. 1 ) 15 Had Mr. Sopp sent his Saturday email a day earlier, plaintiffs could have served 16 deposition notices on defendants' experts. Nevertheless, as of April 20, 2009, Mr. Federico and 17 Mr. Sopp—^the only other attomeys left in this case—were agreeing to keep the deadline open. 18 And plaintiff served the expert deposition notices by fax on April 21, 2009. The next day, she 19 emailed counsel and asked if the April 28, 2009 depositions of Heryet, Poulton and Aplass 20 worked for everyone. (See Exh 4 hereto.) Later that same aftemoon she again inquired as to 21 whether defendants' experts were available. (Exh 8 at p. 1.) The next day, April 23, 2009, she 22 still had not heard a response and again inquired if defendants would make their experts 23 available on the date noticed. (Exh 6 at p. 1.) In response, CA Constmction's attomey merely 24 stated he was "evaluating an objection" to the notice. (Exh 6 at p. 1.) 25 Additionally, in their initial disclosure, CA Construction disclosed only David Heryet as 26 a retained expert On April 10, 2009, CA Construction served a supplemental disclosure, naming 27 Jason Newlin as a retained expert. In their opposition, CA Constmction states that their experts 28 inspected the property on March 3, 2008, April 15, 2009, and May 18, 2009. (Opposition at pp. Reply to Opposition to Motion in Limine - 2 1 7:27-8-1 ) But only its supplemental expert, Jason Newlin, inspected the property on April 15 2 2009. (See Exh 5 at p. 1.) 3 Plaintiffs bent over backwards to allow defendants to depose plaintiffs' experts—which 4 defendants insisted occur before any of their experts were deposed. Plaintiffs expected thai 5 defendants would provide the same accommodations, especially given the April 17, 2009 6 statement from Mr Federico that "we need to discuss a deposition schedule beginning with 7 Plaintiffs' 4 experts, and then followed by each party's respective experts." (Exh 2 hereto.) As 8 of April 23, 2009, CA Constmction had not stated whether they would make their experts 9 available, and were still "evaluating an objection to your notice of deposition" to the experts 10 (See Exh 6 at p. 1.) This was after three separate inquiring emails from plaintiffs (Exh 4; Exh 6 11 at p. 1; Exh 8 at p. 1.) And defendant Britschgi stated that his experts had not completed any 12 reports. (Exh 7.) But prior to CA Construction's objection, the tenor ofthe communication was 13 that all ofthe experts would be deposed; the issue was finding available dates and times, and that 14 discovery would remain open in order that the depositions could be completed. (See Exh 2 at p. 15 1; Exh 3; Exh 8 at pp. 4-5.) As of April 17, 2009, Mr. Federico told everyone, including 16 plaintiffs' counsel, "I have received available dates for my experts for the last week in April and 17 the first and second weeks in May." (Exh 2 at p. 1.) In response, that evening, plaintiffs 18 counsel stated, "I am making time to fit in all the depos." (Exh 2 at p. 1.) Following that 19 exchange, plaintiffs agreed to allow their experts to be deposed after April 27, 2009—and even 20 agreed to produce plaintiff Rodney Abbott for the continuation of his deposition on April 29, 21 2009 (Exh 7, Exh 8 at pp. 1 ) CA Construction's statement that it "proceeded under the 22 assumption that [plaintiffs] were not willing to stipulate to extend any of the timelines to 23 complete expert discovery" (Opposition at p. 6:23-25) is disingenuous at best. 24 As of May 5, 2009, CA Constmction's experts, Dave Heryet and Jason Newlin, were 25 subpoenaed to appear at trial and produce documents, including their reports, correspondence 26 with counsel who retained them, and working papers. CA Construction objected to their experts 27 producing these documents pursuant to the subpoena; stated the experts would reports and 28 Reply to Opposition to Motion in Limine - 3 1 documents on which they relied when they testify at trial. CA Construction has admitted that 2 their experts have created drawings, calculations, and correspondence. (Opposition at p. 12-14.) 3 Plaintiffs have done their best to provide defendants with discovery in this case. They 4 provided defendants with an April 18, 2009 report by Bryan Hill as soon as they received it in 5 May 2009. They informed defendants that they were excavating portions of the property, and 6 made it available for defendants' inspection, which, according to Mr. Federico, they took 7 advantage of by inspecting on May 18, 2009 (Exh 9 ) It must also be noted that defendants 8 have re-deposed both plaintiffs on the new claims in the First Amended Complaint, and on 9 December 21, 2010, defendants deposed Bryan Hill, the engineer who provided the April 18, 10 2009 report. 11 CA Construction has moved to exclude certain of plaintiffs' experts and their opinions on 12 spurious grounds. And yet defendants have refused to make their own experts available for 13 deposition, have refused to allow their experts to produce documents that plaintiffs have 14 subpoenaed, and yet will seek to admit these experts' opinions, including those opinions then 15 experts formed after April 27, 2009. Defendants should not be permitted to play such games 16 with the discovery process and then be permitted to put on whatever testimony they want at trial. 17 Notably, defendants have not moved to exclude the testimony of Bryan Hill, an engineei 18 who inspected the Abbott property as part ofthe Abbotts' insurance claim, and not as retained in 19 this case. Mr. Hill is not a retained expert; he is a percipient expert, and his identity as a 20 percipient expert was not even known when plaintiffs disclosed experts pursuant to the 21 disclosure demand. Nevertheless, defendants have known of Mr. Hill's existence and have had a 22 copy of his report since May 2009, and deposed him on December 22, 2010, paying him an 23 expert witness fee for his opinions. There is no basis for excluding Mr. Hill's percipient 24 testimony 25 26 27 Dated: Decemberr 9L/2010 ;^ Stephanie J. 28 Attomey for Plaintiffs Reply to Opposition to Motion in Limine - 4 1 DECLARATION OF STEPHANIE J. FINELLI 2 I, Stephanie J. Finelli, hereby declare under penalty ofperjury, and if called as a witness 3 would and competently testify as follows. 4 1. I am an attomey, duly licensed to practice in the State of Cahfomia I represent 5 plaintiffs herein 6 2 Attached hereto as Exhibits 1 through 9 are tme and correct copies of email 7 correspondence between me and the other attomeys involved in this case 8 I declare under penalty ofperjury under the laws ofthe State ofCalifomia the foregoing 9 is true and correct. 10 11 Dated- December j Q , 2010 12 ^hanie J. Finelli 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Reply to Opposition to Motion in Limine - 5 Pnnt http //us mg201 mail yahoo com/dc/launch''action=welcome&YY=397 From: Craig Lundgren (CLundgren@lr-law.net) To: rds@mwsblaw.com; gfederico@archemorris.com; Date: Sat, April 4, 2009 4:52:23 PM Cc: sfmelli700@yahoo.com; Subject: RE: inspection of Abbott Home April 15 IS the inspection date We will need to confer on the times, although I know that our home mspection by the appraiser will have to occur after 11 00 Craig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 (530) 297-5030 (530) 297-5077 From: Richard Sopp [mailto:rds@mwsblaw.com] Sent: Saturday, April 04, 2009 4:41 PM To: Craig Lundgren; Fedenco, Gregory K. Cc: sfinelli700@yahoo.com Subject: Re: inspection of Abbott Home All I am not available for depositions on April 16, 17, 20 through 23 as I will be in tnal 1 will be available on Apnl 23, 24 and anytime the following week '"T^so, when is the property inspection Richard D Sopp Original Message From: Craiq Lundgren To: Federico, Gregory K Cc: sfinelli700@vahoo com , rdsdS.mwsblaw com Sent: Saturday, April 04, 2009 1 15 PM Subject: RE inspection of Abbott Home The depos are at 9 00 (Luis Moreno) and 1 00 (Dennis Youngdahl) Thomas Young is out of town and cannot attend the deposition on Monday Unfortunately, I think it is a little iate to move the depo to 10 00 What time do you think you can arrive? Craig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 (530) 297-5030 (530) 297-5077 B)cV\ I I of 5 12/28/2010 n 27 AM Print http //us mg201 mail yahoo com/dc/launch''action=welcome&YY=397 From: Federico, Gregory K. [mailto:gfederico@archernorns.com] Sent: Saturday, Apnl 04, 2009 1:09 PM To: Craig Lundgren Cc: sfinelli700@yahoo.com; rds@mwsblaw.com Subject: RE: inspection of Abbott Home Craig, What IS the schedule for the depositions on Monday now that the depo of Thomas Young has been continued'? Is there any way we can start the 9 am at 10 am instead I have childcare issues and 1 am not sure if I can get there by 9 Thanks, and sorry about the late notice Greg From: Craig Lundgren [mailto:CLundgren@lr-law.net] Sent: Fnday, Apnl 03, 2009 3:58 PM To: Fedenco, Gregory K. Subject: RE: inspection of Abbott Home Good point Yes we can and have done so I thought my secretary informed the others I will send a separate e-mail on this Craig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 (530) 297-5030 (530) 297-5077 From: Federico, Gregory K. [mailto:gfedenco@archernorns.com] Sent: Friday, Apnl 03, 2009 3:54 PM To: Craig Lundgren Subject: Re: inspection of Abbott Home So we have a 9 and a 4*? Can we move the 4 up'? From: Craig Lundgren To: Fedenco, Gregory K. Sent: Fn Apr 03 15:49:38 2009 Subject: RE: inspection of Abbott Home Thomas Young is out of town and will not appear for the deposition He is the engineer who stamped the Civ-Tek drawings Craig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 (530) 297-5030 2 of 5 12/28/2010 11 27 AM Print http-//us mg201 mail yahoo com/dc/launch'?action=welcome&YY=397 (530) 297-5077 From: Federico, Gregory K. [mailto:gfedenco@archernorns.com] Sent: Fnday, Apnl 03, 2009 3:37 PM To: Craig Lundgren Subject: Re: inspection of Abbott Home Craig, Who IS thomas young'? What is he going to be talking abouf? Thanks, Greg From: Craig Lundgren To: Craig Lundgren ; Richard Sopp ; Fedenco, Gregory K. Cc: sfinelli700@yahoo.com ; Shaula Patchett Sent: Wed Apr 0117:20:26 2009 Subject: RE: inspection of Abbott Home / At this time, It looks like April 15th is the only time that we can aii agree on, and that my experts are aii I available I would ask that everyone confirm that the inspection of the Abbott home will go forward on the 15th of I Apnl H'^raig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 (530) 297-5030 (530) 297-5077 From: Craig Lundgren Sent: Friday, March 27, 2009 2:55 PM To: Richard Sopp; Federico, Gregory K. Cc: sfinelli700@yahoo.com; Shaula Patchett Subject: RE: inspection of Abbott Home Dear Counsel, 1 just realized that I absolutely cannot inspect the property on the 14th I have a pre-existing binding arbitration on that date Are there any other days that we can schedule'? Can Richard send an associate on the 17th for example'? Craig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 (530) 297-5030 (530) 297-5077 3 of 5 12/28/2010 11 27 AM Print http //us mg201 mail yahoo com/dc/launch''action=welcome&YY=397 From: Richard Sopp [mailto:rds@mwsblaw.com] Sent: Fnday, March 27, 2009 11:22 AM To: Fedenco, Gregory K.; Craig Lundgren Cc: sfinelli700@yahoo.com; Shaula Patchett Subject: Re: inspection of Abbott Home Counsel I am not available on the 17th but 1 can do it on the 14th Richard D Sopp — Original Message — From: Federico, Gregory K To: Craiq Lundgren , Richard Sopp Cc: sfinelli700@vahoo com , Shaula Patchett Sent: Friday, March 27, 2009 8 45 AM Subject: RE inspection of Abbott Home Counsel, As far as my schedule, 1 am available on April 14 and 17 I will be speaking with my expert this morning and will determine his availability then Thanks, Greg From: Craig Lundgren [mailto:CLundgren@lr-law.net] Sent: Thursday, March 26, 2009 5:21 PM To: Richard Sopp; Fedenco, Gregory K. Cc: sfinelli700@yahoo.com; Shaula Patchett Subject: inspection of Abbott Home Ms Finelli has indicated that she will not object to the inspection of the Abbott home However, she is still not available on April 8 and she has asked that we schedule the inspection at a time she is available, either April 14, 15, 16 (morning) and 17 These dates are subject to her clients agreement as well 1 am checking with our experts right now as to their availability 1 have informed Ms Finelli that we will need to have our appraiser inspect the interior of the Abbott home and that I don't know the scope of the civil engineer's inspection, but that it may include a survey If any of you intend to inspect the Abbott home, we will need to coordinate the date as soon as possible Craig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 (530) 297-5030 (530) 297-5077 12/28/2010 11 27 AM Print http //us mg201 mail yahoo com/dc/launch''action=welcome&YY=397 The information and any attachments contained in this email message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination or copying is strictly prohibited. If you think that you may have received this email message m error, please notify the sender at the email address above. If you have received this email in error, you are instructed to delete all copies and discard any printouts without reading the information contained withm. The information and any attachments contained m this email message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination or copying is strictly prohibited. If you think that you may have received this email message m error, please notify the sender at the email address above. If you have received this email m error, you are instructed to delete all copies and discard any printouts without reading the information contained withm. 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If you have received this email m error, you are mstructed to delete all copies and discard any printouts without reading the information contained withm. 12/28/2010 11 27 AM Print http.//us mg20I mail yahoo com/dc/launch7action=welcome&YY=397 From: Stephanie Finelli (sfinelli700@yahoo.com) To: ^ederico@archornorrio.oomf—::=> Dat^Fri, April 17, 2009 9:40:16 PM Cc:^^ • Subject: RE: schedule for depositions. •> Sorry I was not in the loop sooner; I was not in my office during the afternoon, and am mow checkmg my emails. I will be in the office most ofthe day on Monday. I am making time to fit in all ofthe depos. Stephanie J. Finelli Attomey at Law 1007 Seventh Street, Suite 500 Sacramento, CA 95814 (916)443-2144 THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS TRANSMISSION IS STRICTLY PROHIBITED. — On Fri, 4/17/09, Federico, Gregory K. wrote: From- Federico, Gregory K. Subject: RE: schedule for depositions. To. "Craig Lundgren" , sfmelli700@yahoo.com Cc-"Richard Sqpp^ Da/e: Friday, April 17, 2009, 2:54 PM Dear Counsel, 1 am open to having a brief conference call this afternoon if Richard and Stephanie are available 1 have_ received available dates for my experts for the last week in April and the first and second weeks of May One issue that we will face is that we are running out ot time to complete expert depositions I bylievy 11 l e - deadline to complete these depositions is April 27th Thus, we need to talk about a stipulation to extend the deadline "^ ' ' ' Second, I had noticed the depositions of Ms Abbott's experts to take place on April 16 and 20 Due to Richard's trial conflict and conflicts with Stephanie, 1 took those depositions off calendar with the belief that we would reschedule when all counsel were available Thus, we need to discuss a deposition schedule beginning with Plaintiffs' 4 experts, and then foliowed by each party's respective experts Craig has indicated that he is available this afternoon for a cali I am in the office until about 5 Richard and Stephanie, please let us know if you are free to discuss these matters Regards, Greg Federico Archer Norris ad/iZ of 2 12/28/2010 11 25 AM Print http //us mg201 mail yahoo com/dc/launch'>action=welcome&YY=397 From: Stephanie Finelli (sfmelli700@yahoo.com) To: rds@mwsblaw.com; CLundgren@lr-law.net; gfederico@archemorris.com; Date: Mon, April 20, 2009 12:41.37 PM Cc: Subject: RE: schedule for depositions. c— I may be available on the afternoon of 4/29, after 2:30, for one or two quick depos. Stephanie J. Finelli Attomey at Law 1007 Seventh Street, Suite 500 Sacramento, CA 95814 (916)443-2144 THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS TRANSMISSION IS STRICTLY PROHIBITED — On Mon, 4/20/09, Federico, Gregory K. wrote: From: Federico, Gregory K. Subject: RE: schedule for depositions. To: "Richard Sopp" , "Craig Lundgren" , sfmelli700@yahoo.com Date: Monday, April 20, 2009, 10:26 AM Dear Counsel, t jiso available on all days referenced in Richard's email, with the exception of the 30th Please let me what days are selected for Plaintiffs' experts oicy Federico From: Richard sopp •am\^ch?\m Sopp |mai rmailto:rris(a)mw!iS^dV^or '.com] Seii^^r'gaturday, April 18, 2009 12:01 P M _ ^ To>: Fedenco, Gregory K.; Crafg-tllTiagf5Rrsfinelli700@yahoo.com Subject: Re: schedule for depositions. Dear Counsel 1 am withdrawing my notices of deposition for Mr Poulton, Mr Aplass and Mr Newlin, all of which were scheduled for April 27 I am available for the depositions of plaintiffs experts and Mr Abbott on the following days the morning of April 23, all day April 24 and 27 1 would also stipulate to keeping expert discovery open for the week of Apnl 27-May 1 I am available all day on the 28 and 30 and the morning of the 29th Please let me know what days are selected ScV» 12/28/2010 11 22 AM 1 of 3 Print http //us mg201 mail yahoo com/dc/launch'?action=welcome&YY=397 Richard D Sopp — Original Message From: Fedenco, Gregory K To: Craig Lundgren , sfinelli700@vahoo com Cc: Richard Sopp Sent: Friday, Apnl 17, 2009 2 54 PM Subject: RE schedule for depositions Dear Counsel, I am open to having a brief conference call this afternoon if Richard and Stephanie are available I have received available dates for my experts for the last week in Apnl and the first and second weeks of May One issue that we will face is that we are running out of time to complete expert depositions I believe the deadline to complete these depositions is Apnl 27th Thus, we need to talk about a stipulation to extend the deadline Second, 1 had noticed the depositions of Ms Abbott's experts to take place on April 16 and 20 Due to Richard's tnal confiict and conflicts with Stephanie, 1 took those depositions off calendar with the belief that we would reschedule when all counsel were available Thus, we need to discuss a deposition schedule beginning with Plaintiffs' 4 experts, and then followed by each party's respective experts Craig has indicated that he is available this afternoon for a call I am in the office until about 5 Richard and Stephanie, please let us know if you are free to discuss these matters Regards, Greg Federico Archer Norris From: Craig Lundgren [mailto:CLundgren@lr-law.net] Sent: Fnday, Apnl 17, 2009 10:50 AM To: sfinelli700@yahoo.com Cc: Richard Sopp; Fedenco, Gregory K, Subject: schedule for depositions. We need to schedule depositions as soon as possible Shall we do it via a conference call today'? As 1 understand it, Richard is in trial the first three days of next week He has agreed to allow us to proceed with Rodney Abbott in his absence We should finalize the document issues at that time Next we need to depose the plaintiff experts Please advise as to your experts availability Craig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 (530) 297-5030 (530) 297-5077 The i n f o r m a t i o n and any a t t a c h m e n t s c o n t a i n e d m t h i s e m a i l m e s s a g e may be p r i v i l e g e d , c o n f i d e n t i a l , and p r o t e c t e d from d i s c l o s u r e . I f you a r e n o t t h e i n t e n d e d r e c i p i e n t , any d i s s e m i n a t i o n o r c o p y i n g i s s t r i c t l y p r o h i b i t e d . I f you t h i n k t h a t you may h a v e r e c e i v e d t h i s e m a i l m e s s a g e m 2 of 3 12/28/2010 11 22 AM Print http.//us mg201.mail yahoo.com/dc/launch''action=welcome&YY=397 error, please notify the sender at the email address above. If you have received this email m error, you are instructed to delete all copies and discard any printouts without reading the information contained withm. The information and any attachments contained in this email message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination or copying is strictly prohibited. If you think that you may have received this email message in error, please notify the sender at the email address above. If you have received this email m error, you are instructed to delete all copies and discard any printouts without reading the information contained withm. 3 of 3 12/28/2010 11 22 AM Print http //us mg201 mail yahoo com/dc/launch''action=welcome&YY=397 From: Stephanie Finelli (sfinelli700@yahoo.com) To: gfederico@archernorris.com; rds@mwsblaw.com; CLundgren@lr-law.net; Date: Wed, April 22, 2009 11:31:56 AM Cc: Subject: RE: Abbott v. Britschgi Construction; Proposed Expert Deposition Schedule I am checking with the respective deponents to make sure they will be available. I will contact you as soon as I hear. I sent notices ofthe depositions of Heryet, Poulton, and Aplass for 4/28 at 10:00, 1:00, and 3:00 respectively. Will this work for everyone'^ Stephanie J. Finelli Attomey at Law 1007 Seventh Street, Suite 500 Sacramento, CA 95814 (916)443-2144 THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF TfflS TRANSMISSION IS STRICTLY PROHIBITED. ~ On Wed, 4/22/09, Craig Lundgren wrote: From- Craig Lundgren Subject. RE: Abbott v. Britschgi Constmction; Proposed Expert Deposition Schedule To- "Federico, Gregory K." , sfmelli700@yahoo.com, "Richard Sopp" Date- Wednesday, April 22, 2009,11:06 AM Stephanie, I agree to Mr Fedenco's schedule and would like to schedule Mr Abbott for tomorrow afternoon Let me know if this works as soon as possible, so that I can confirm it with Paulson's Assuming this is OK with you, please be sure that he bnngs the project files again, along with any documents showing the cost of the project, along with pictures, which were not brought to the last deposition As I recall, we were going to stipulate that my bates numbered documents, with a few specific additions were a complete set of the project files This would simplify things As an incentive to you Stephanie, I will give you a complete set of the bates numbered documents without charging you for the copies if you will enter into this stipulation Otherwise we will have to attach them to the deposition and it will be quite expensive for everyone Craig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 of 6 (530) 297-5030 (530) 297-5077 avH 12/28/2010 11 20 AM Print http'//us mg201 mail yahoo com/dc/launch'?action=welcome&YY=397 From: Stephanie Finelli (sfinelli700(§yahoo com) To: CLundgren@lr-law.net, Date: Wed, April 22, 2009 3.06:11 PM Cc: Subject: Re- FW Abbott v Britschgi Construction; Proposed Expert Deposition Schedule Your email is blank Stephanie J Finelli Attorney at Law 1007 Seventh Street, Suite 500 Sacramento, CA 95814 (916)443-2144 THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS TRANSMISSION IS STRICTLY PROHIBITED. - On Wed, 4/22/09, Craig Lundgren wrote From Craig Lundgren Subject FW: Abbott v. Britschgi Construction, Proposed Expert Deposition Schedule To- sfinelli700@yahoo com Date Wednesday, April 22, 2009, 2 12 PM Craig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 (530) 297-5030 (530) 297-5077 From: Fedenco, Gregory K. [mailto:gfedenco@archernorns.com] Sent: Wednesday, Apnl 22, 2009 2:10 PM To: sfinelli700@yahoo.com; Craig Lundgren; Richard Sopp Subject: RE: Abbott v. Bntschgi Construction; Proposed Expert Deposition Schedule Dear Counsel I just mailed out amended deposition notices for Weahunt and Lee with the new date - Apnl 24, 2009 They are identical to the previous ones I issued back on IVI arch 27, 2009 in terms of the documents I am requesting that the experts bring I just wanted to give you a heads up in the event the mail is slow One of my experts, Jason Newlin, attended the inspection Regards, Greg Fedenco Archer Norris From: Stephanie Finelli [mailto:sfinelli700@yahoo.com] •&v^ of7 12/28/2010 11 15 AM Print http//us mg201 mail yahoo com/dc/launch''achon=welcome&YY=397 Sent: Wednesday, Apnl 22, 2009 12-41 PM To: Fedenco, Gregory K.; Craig Lundgren; Richard Sopp Subject: Re: Abbott v. Bntschgi Construction; Proposed Expert Deposition Schedule It appears that Weahunt and Lee will be available on Friday What experts were at the site inspection on 4/15"? Stephanie J. Finelli Attorney at Law 1007 Seventh Street, Suite 500 Sacramento, CA 95814 (916)443-2144 THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY. ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS TRANSMISSION IS STRICTLY PROHIBITED — On Wed, 4/22/09, Richard Sopp wrote From Richard Sopp Subject. Re. Abbott v. Bntschgi Construction, Proposed Expert Deposition Schedule To "Federico, Gregory K " , sfinelli700(§yahoo.com, "Craig Lundgren" Date Wednesday, April 22, 2009, 11 17 AM That works for me Richard D Sopp — Original Message From: Fedenco, Gregory K To: sfinelli700(a)vahQa Iraiq Lundgren Sent: W e d n e s d ^ April 22, 2009 10 57 AM Subject: Abbott v britscngi uonstruction, Proposed Expert Deposition Schedule Dear Counsel I apologize for not getting back to all of you any sooner My daughter was sick yesterday and I was at home with her However, I have reviewed everyone's availability, and I propose the following deposition schedule for Plaintiffs' experts Friday. April 24. 2009: 9 00 a m - Deposition of Robert Weahunt 1 30 p m - Deposition of James Lee, Jr *** These depositions will take place in my office per my notice Monday, April 27. 2009: 9 00 a m - Deposition of Jim Dillingham 1 30 p m - Deposition of Linda Molinari 2 of 7 12/28/2010 11 17 A M Prmt http //us mg201 mail yahoo com/dc/launch'?action=welcome&YY=397 From: Federico, Gregory K. (gfederico@archemorris.com) To: <;finp|H70n@Y'^h00 ^"m: SPatchett@lr-law.net: rds@mwsblaw.com; Dat^^^u^April 23, 2009 11:46:34 AlvT^ Cc: CLundgren@lr-law.ner; Subject: RE- Abbott v. Britschgi - Depos Stephanie, The deposition schedule referenced below sounds good I will send over a confirming letter At this time, I would still like to hear what Ms Molinan has to say via deposition However, Craig will have the ultimate call on that one I because he noticed it You noticed the expert depositions on April 28, 2009 and NOT April 29, 2009 as indicated in your email below / Nevertheless, i too am evaluating an objection to your notice of deposition of Dave Heryet The objection will be I forthcoming I Thanks, Greg Federico Archer Norris From: Stephanie Finelli [mailto:sfinelli700@yahoo.com] Sent: Thursday, Apnl 23, 2009 10:14 AM To: Shaula Patchett; rds@mwsblaw.com; Fedenco, Gregory K. Cc: Craig Lundgren Subject: RE: Abbott v. Britschgi - Depos Re the depos: Linda Molmari is not available on 4/27. She has not yet fmished her report and will not have fmished it by Monday. She could likely be done by 4/30. I will know more this aftemoon. Also, I will make the appraisal available once it is concluded ifyou would prefer that to taking her depo. As I understand, the depos are as follows. Weahunt and Lee will be tomorrow, 4/24 at 9.00 and 1.30 respectively. Dillingham is at 10:00 on Monday 4/27. I Rod Abbott is at 2 00 on Wednesday, 4/29 I still have not heard back from anyone re whether they will make their experts available on 4/29 as I had noticed. Such would be appreciated. If I need to make a motion to compel, I would like to know soon. At any rate, please provide me with all expert reports, as required by the request for expert disclosure. Stephanie J Fmelli Attomey at Law 1007 Seventh Street, Suite 500 Sacramento, CA 95814 1 of 3 12/28/2010 10 56 AM Print http //us mg201 mail yahoo com/dc/launch''action=welcome&YY=397 (916)443-2144 THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF TfflS TRANSMISSION IS STRICTLY PROHIBITED. - On Wed, 4/22/09, Federico, Gregory K. wrote: From- Federico, Gregory K. Subject: RE: Abbott v. Britschgi - Depos To. "Shaula Patchett" , rds@mwsblaw.com, sfmelli700@yahoo.com Cc- "Craig Lundgren" Date- Wednesday, April 22, 2009, 2:40 PM Dear Counsel, Our address and phone numbers are as follows ARCHERNORRIS 655 University Ave , Ste 225 | Sacramento, CA 95825 direct 916.646.2489 | main 916.646.2480 | fax 916.646 5696 Thanks, Greg From: Shaula Patchett [mailto:SPatchett@lr-law.net] Sent: Wednesday, Apnl 22, 2009 2:23 PM To: Fedenco, Gregory K.; rds@mwsblaw.com; sfinelli700@yahoo.com Cc: Craig Lundgren Subject: Abbott v. Britschgi - Depos Counsel The deposition of Rodney Abbott will be held on April 23, 2009, at 1 30 p m at Archer Norris, not Paulson's, pending confirmation from Ms Finelli Shaula Patchett Assistant to Craig N Lundgren LUNDGREN & REYNOLDS, LLP 424 2nd Street, Suite A Davis, CA 95616 (530) 792-8800 (530) 297-5077 F/\X 2 of 3 12/28/2010 10 56 AM Prmt http //us mg201 mail yahoo com/dc/launch'?action=welcome&YY=397 The information and any attachments contained in this email message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination or copying is strictly prohibited. If you think that you may have received this email message m error, please notify the sender at the email address above. If you have received this email in error, you are instructed to delete all copies and discard any printouts without reading the information contained withm. The information and any attachments contained in this email message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination or copying is strictly prohibited. If you think that you may have received this email message m error, please notify the sender at the email address above. If you have received this email in error, you are instructed to delete all copies and discard any printouts without reading the information contained withm. 3 of 3 12/28/2010 10 56 A M Print http //us mg201 mail yahoo com/dc/launch''action=welcome&YY=397 From: Craig Lundgren (CLundgren@h--law.net) To: sfmelli700@yahoo.com; SPatchett@lr-law.net; rds@mwsblaw.c6m; gfederico@archernorris.com, Date: Thu, April 23, 2009 11:41:06 AM Cc: Subject: RE. Abbott v. Britschgi - Depos These dates and times are all acceptable not have any reports from experts None are complete at this time Biii Poulton never wrote one The civil neer is working on a survey but that is not complete I note that I have not received any reports from any of your experts Craig N Lundgren Lundgren & Reynolds, LLP 424 2nd Street, Suite A Davis, Ca 95616 (530) 297-5030 (530) 297-5077 From: Stephanie Finelli [mailto:sfinelli700@yahoo.com] Sent: Thursday, Apnl 23, 2009 10:14 AM To: Shaula Patchett; rds@mwsblaw.com; Federico, Gregory K. Cc: Craig Lundgren Subject: RE: Abbott v. Britschgi - Depos Re the depos: ' Linda Molinari is not available on 4/27. She has not yet fmished her report and will not have fmished it by Monday. She could likely be done by 4/30. I will know more this aftemoon. Also, I will make the appraisal available once it is concluded ifyou would prefer that to taking her depo. As I understand, the depos are as follows: Weahunt and Lee wdll be tomorrow, 4/24 at 9:00 and 1:30 respectively. Dillingham is at 10-00 on Monday 4/27. Rod Abbott is at 2-00 on Wednesday, 4/29. I still have not heard back from anyone re whether they will make their experts available on 4/29 as I had noticed. Such would be appreciated. If I need to make a motion to compel, I would like to know soon. At any rate, please provide me with all expert reports, as required by the request for expert disclosure Stephanie J. Finelli Attorney at Law 1007 Seventh Street, Suite 500 6k 1 of 3 12/28/2010 10 56 AM Print http //us mg201.mail yahoo com/dc/launch''action=welcome&YY=397 From: Stephanie Finelli (sfinelli700@yahoo.com) To: rds@mwsblaw.com; CLvmdgren@lr-law.net; gfederico@archemorris.com; Date: Wed, April 22, 2009 3:34.24 PM Cc: Subject: Re: Abbott v. Britschgi Construction, Proposed Expert Deposition Schedule Weahunt and Lee are OK. Dillingham can't get here until 10:00. I am still checking with Molmari. Rod Abbott is not available tomorrow; that notice is too short. He is available next week. Afternoon is best, the later the better. No one has gotten back to me on whether Poulton, Aplass, and Heryet are available on 4/28, as noticed. Please advise. Stephanie J Fmelh 4 Attorney at Law 1007 Seventh Street, Suite 500 Sacramento, CA 95814 (916)443-2144 THIS IS A LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION THAT IS INTENDED TO BE VIEWED ONLY BY THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE IT AND NOTIFY THE SENDER IMMEDIATELY. ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF TfflS TRANSMISSION IS STRICTLY PROHIBITED. - On Wed, 4/22/09, Federico, Gregory K. wrote: From: Federico, Gregory K.